VIRGINIA:\ IN THE CIRCUIT COURT OF THE CITY OF ALEXANDRIA ERIC J. BONETTI,
Plaintiff, CIVIL ACTION NUMBER: CL-2000-2178
vs. GRACE EPISCOPAL CHURCH,
Defendant
AGREED STATEMENT OF FACTS 1.
Plaintiff filed suit for defamation against Grace Episcopal Church in 2020.
2.
The defamatory statements in question came to light when defense counsel in a related case included an email from Grace Episcopal Church employee Robert H. Malm to the Episcopal bishop of Virginia, Robert H. Malm, which stated that Plaintiff had embezzled from a previous employer.
3.
On or about two days after the email in question was received Plaintiff filed suit for defamation against Grace Episcopal Church.
4.
Plaintiff has averred that the email in question was within the purview of discovery in prior litigation between the parties occurring before the Alexandria Circuit Court.
5.
The email in question was not produced during the original litigation.
6.
Defendant Grace Episcopal Church has offered no explanation for its failure to produce the document during the original litigation.
7.
It is undisputed that suit was filed more than one year after the initial publication.
8.
Defendant Grace Episcopal Church filed a plea in bar, raising the defense of the statute of limitations.
9.
In a hearing before the Alexandria Circuit Court occurring on or about December 23, 2020, Plaintiff argued that the the statute of limitations should be tolled pursuant to Va. Code § 8.01-229 on the basis that Defendant Grace Episcopal Church had a duty to produce the document in question, but instead fraudulently concealed the document.
10. The Alexandria Circuit Court dismissed Plaintiff’s lawsuit on the basis that it was untimely pursuant to the Virginia statute of limitations.
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